Lowell and Provi doorstep loan CCA

[mystirio]

looks like they are trying the ppi miss sold one but this is neither

this is irresponsible lending

 

I have e mail FOS saying this was irresponsible lending and have stated that they will not consider it and I think FOS are interested in this claim

due to the ongoing issue with provi

we will wait to see what FOS comes up with

 

thanks DX

 

Thank you for your email to the Financial Conduct Authority (FCA).

 

I understand that you are looking to make a complaint to Provident about irresponsible lending and the firm have rejected this on the basis that it is more than six years ago. You want to understand if the six years is from inception or six years after the last payment was made.

 

FCA Rules

DISP 1.8 Complaints time barring rule

If a respondent receives a complaint which is outside the time limits for referral to the Financial Ombudsman Service it may reject the complaint without considering the merits, but must explain this to the complainant in a final response in accordance with DISP 1.6.2R.

 

The complaints handling rules set time limits for consumers to refer complaints to the Ombudsman. After these time limits have expired, the Ombudsman will need the firms consent to look into a complaint.

 

Generally, these time limits are:

 

• six months from the business sending the consumer a final response; and
  
• six years from the event the consumer is complaining about (or three years from when the consumer knew, or could reasonably have known, they had cause to complaint).
  

Accordingly the rules do not specify whether the period begins from inception or from the date of the last payment as you are asking, rather from when you knew or could have reasonably known. If you are complaining about mis-selling then the mis-selling would have occurred at the beginning of the term of the contract and not at the date of the last payment.

 

I hope this information has been helpful.

[dx100uk]

well I don't think the irresponsible lending stuff that we saw against PDLs was even around 3yrs ago?

[mystirio]

therefore dx what your reccomendation send it to FOS or wait to see wgat they come back to me with their response the fos I mean

because it is not miss selling it is iresponsible lending

[dx100uk]

id wait

the FOS will pick up on things like that I'm sure

we've not seen the FOS ever mention statute barring toward any IRL claims to date

[mystirio]

thanks dx

[mystirio]

from FOS

Hi

 

As the firm will not accept a complaint from you on this matter then the Financial Ombudsman Service will not have jurisdiction to take a complaint from you.

 

That would leave you with seeking out your own independent legal advice on this matter.

 

 

The Citizens Advice Bureau provide some legal guidance and may be able to provide you with some guidance on your next steps legally.

 

can Andy englighten us on this one???

[mystirio]

just read on another forum the six plus 3 year rule anyone know about this???

[dx100uk]

you've already outlined it in post 76

[mystirio]

thanks dx

I am going to write to provi again asking to reconsider the complaint

also will add some extra information Il put it up here first

[mystirio]

have sent the form to FOS asking to look at my complaint if they will is another matter

however without trying you wont know

[mystirio]

looking at other threads on the web fos have considered dates later than 6yearsold

[mystirio]

just had a letter from FOS they are writing to provi requiring them to supply

all the documents they have

[dx100uk]

Good moving fwd.

[mystirio]

Reply from fos

provi wont let fos look at the loans as it is over 6 years and they dont keep documents for longer than 6 years

 

however, told fos that provi have supplied me with accounts which span for 9 years

and that also they shouldn't need to talk to their agent regarding my credit search as they should have done this themselves

 

fos came back stating that they will look at the paperwork again and contact provi

 

Might not get me anything but its another official complaint against provi

 

when they wont want anymore

[mystirio]

e mail from FOS investigator he is now in receipt of my files and will investigate further

 

however from lowlife asking if i was willing to make an early reduced payment this letter is now in the drawer

[Bazooka Boo]

You're not going to be making any payment to them are you??

[mystirio]

they will be lucky:madgrin:

[Bazooka Boo]

Excellent, very well done!

[mystirio]

update from FOS

they have sent me a letter stating that they have had so many people who are quoting the 3 year period that they are looking at cases to see if

the arguments are justified in following the complaint

 

its just a matter of waiting

however if they do pass that they must pay then this will open the flood gate for so many people who have been treated wrongly

thanks

Edited August 13, 2018 by dx100uk
spacing

[dx100uk]

yes a little dicky bird told me the FOS/FCA are seriously looking at this mis-interpretation of the CCL 3 yrs stuff